Privacy Policy


This Privacy Policy (“Policy”) is issued on behalf of Resolute Funds Limited (“we”, “us” or “Resolute Funds”) and the Resolute Performance Fund® (the “Fund”). We are an investment manager and our only client is the Fund. We do not deal directly with the public, as units of the Fund are sold only through registered dealers, but we do maintain two websites, www.resolutefund.com and www.resolutefunds.com, for the convenience of investors in the Fund. Furthermore, in fulfilment of our obligations under applicable securities laws, we may collect and use personal information about investors in the Fund, as more specifically described below.

When used in this Privacy Policy, personal information means “any information about an identifiable individual.” Information that is aggregated and/or de-identified and cannot be associated with an identifiable individual is not considered to be personal information.

We are always aware that when you invest in the Fund you entrust us with more than your money, and we take very seriously the obligation to keep any personal information that we obtain as confidential and private as possible. We intend to comply at all times with the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) and any other applicable privacy laws with respect to the collection, use and disclosure of your personal information.

Information about investors in the Fund: In order to determine investor’s eligibility to purchase the Fund and to fulfil our obligations under securities laws, we collect the following information about an investor in the Fund: name, address, phone number, email address, title, business phone number, date of birth, social insurance number (for tax purposes), signature, current financial circumstances and account numbers.

How we use and disclose information we gather about investors in the Fund: By purchasing units of the Fund, you thereby consent to the collection, use and disclosure of such personal information that you provide, or which is provided by the dealer through which your units are purchased or held, or which is otherwise collected by us or our agents, as may be reasonably necessary in connection with the purchase, holding or redemption of units as follows, or as otherwise permitted by applicable law:

  1. we may use personal information and disclose personal information to intermediaries such as our legal counsel for the purposes of determining your eligibility to purchase units and in managing and administering your investment in the Fund;
  2. we may disclose and collect such personal information relating to your holding of units in the Fund to and from the dealer through which the units are purchased or held;
  3. we may disclose to our third-party services providers and collect such personal information as may be necessary in the administration of the Fund and your investment in it, including sending account statements and tax forms;
  4. we and our agents, third-party service providers, legal or other advisors may each collect, use and disclose personal information for the purposes of meeting legal, regulatory, self-regulatory, security and audit requirements (including applicable securities laws and any applicable tax, money laundering or anti-terrorism legislation, rules or regulations) and as otherwise permitted or required by law, which disclosures may include disclosures to tax, securities or other regulatory or self-regulatory authorities in Canada and/or in foreign jurisdictions, if applicable, in connection with the regulatory oversight mandate of such authorities; and
  5. we and our agents and legal or other advisors may use personal information and disclose personal information to parties connected with the proposed or actual transfer, sale, assignment or merger of the Resolute Funds or the Fund or their respective businesses or assets or similar transactions, for the purpose of permitting such parties to evaluate and/or proceed with and complete such transaction. Investors, assignees and successors of Resolute Funds, the Fund or such businesses or assets may collect, use and disclose personal information as described in this Policy.

Resolute Funds does not sell or disclose your personal information to any third parties for the purpose or selling, marketing or soliciting any products or services.

Disclosure to the securities commission. Each investor acknowledges (i) the delivery to the securities commission of the investor’s jurisdiction of residence of the information required by schedule 1 to Form 45-106F1 Report of Exempt Distribution under National Instrument 45-106 Prospectus Exemptions, including the investor’s full name, residential address and telephone number, email address if available, the number and type of securities purchased by the investor, the total purchase price, the exemption relied on, and the date of distribution, (ii) that such information is being collected indirectly by the applicable securities commissions under the authority granted to it in applicable securities legislation, and (iii) that such information is being collected for the purposes of the administration and enforcement of such securities legislation. The title, business address and business telephone number of the public official who can be contacted to answer questions about the indirect collection of such information is (i) for Ontario, Inquiries Officer, 20 Queen Street West, 22nd Floor, Toronto, Ontario M5H 3S8, telephone: 416-593-8314, toll free in Canada: 1-877-785-1555, facsimile: 416-593-8122, email: exemptmarketfilings@osc.gov.on.ca; (ii) for Alberta, FOIP Coordinator, Alberta Securities Commission, Suite 600, 250 - 5th Street SW, Calgary, Alberta T2P 0R4, telephone: 403-297-6454, toll free in Canada: 1-877-355-0585, facsimile: 403-297-2082; and (iii) for British Columbia, FOI Inquiries, British Columbia Securities Commission, P.O. Box 10142, Pacific Centre, 701 West Georgia Street, Vancouver, British Columbia, V7Y 1L2, telephone 604-899-6854, toll free in Canada: 1-800-373-6393, facsimile 604-899-6581, email: FOI-privacy@bcsc.bc.ca. By purchasing units, the investor authorizes the indirect collection of such information by such securities commissions.

Access and correction to your personal information: We may establish and maintain a file of your personal information for the purposes set out above, which will be accessible at our head office. Authorized employees and agents of Resolute Funds will have access to your personal information. A unitholder of the Fund may request access to or correction of his or her personal information in the Fund’s possession by contacting us as set forth below in the “How to contact us” section.

Information we gather about Website Visitors: In general, you can visit the Websites at any time without telling us who you are or revealing any information about yourself. We log generally non-personally identifiable information through the Websites, such as the Internet Protocol (IP) address, type of operating system and browser software used by each visitor. From this information, we can derive the specific pages that were visited, the visitor’s geographical location (e.g., Province, etc.), Internet Service Provider and browser type. We may aggregate this data and use it to build higher-quality, more useful Website features by analyzing the characteristics of the information gathered and measuring the usage of each area of the Websites. We may also disseminate statistical information based on this data within the Resolute Funds organization. The Websites use “cookies”, which are files transferred from a website to a computer’s hard drive. Resolute Funds does not use cookies for tracking purposes. Instead, cookies are used to help your computer remember pages which have been displayed or forms information to help facilitate your browsing of the Websites. You can set your browser to notify you when you receive a cookie, giving you the opportunity to decide whether to accept it. You can also remove the cookie file from your hard drive at any time.

Personal information outside of Canada: Your personal information may be made available to service providers of the Fund who may store your personal information outside Canada. As a result, you understand that your personal information will be subject to the laws of other jurisdictions and may be available without notice to you to foreign government authorities under lawful orders and laws applicable in such jurisdictions.

Changes to this Policy: We reserve the right to change or remove this Policy at our discretion. If we decide to change it, we will post those changes here. If we make significant changes to how we treat your personal information, we will provide a more prominent notice. We encourage you to visit this area frequently to stay informed. If you access our Websites after we have posted changes to this Policy, you are agreeing to accept the changes.

Retention: Resolute Funds will retain personal information only as long as necessary for the fulfilment of the purposes for which it was collected and for which consent was received, unless otherwise required to comply with our legal obligations, resolve disputes, and enforce our agreements.

Security: Resolute Funds takes precautions to secure personal information and protect it from loss, theft, unauthorized access, destruction, use, modification, and disclosure. Such measures include technological, physical and organizational safeguards that are appropriate given the sensitivity of the personal information, including maintaining controlled access to electronic and paper documents and files, using appropriate technology safeguards such as passwords, firewalls and encryption, and restricting access to those of our employees, representatives and subcontractors who need to know such information to provide you with the services for which the information was collected. However, please note that Resolute Funds’ security measures may change or be unavailable from time to time and no data transmission over the Internet or any wireless network is 100% secure, so we cannot guarantee the security of User Information. Resolute Funds keeps your personal information only for as long as necessary to accomplish the identified purposes, and then securely destroys such information.

How to contact us: If you have questions, concerns or complaints regarding this Privacy Policy or the personal information that we have about you or that we may have disclosed to third parties, please contact:

Privacy Officer: Anna Goncharova, Chief Financial Officer & Director

Phone: (416) 350-3232

Email: fund@resolutefund.com

Write: PO Box 26087 Broadway PO Toronto Ontario M4P 0A8

You may request access to the personal information Resolute Funds has on file about you. Contact the Resolute Funds Privacy Officer in writing at the address set out above. You may request a correction to your personal information by writing to the Resolute Funds Privacy Officer.